The meeting was called to order at 6:00
P.M. by Mayor Gardiner at Fred Hesse Community Park, 29301 Hawthorne Boulevard
and was immediately recessed to a Closed Session. At 7:15 P.M., the meeting
was reconvened.

Mayor Gardiner thanked all those involved
with the production of City Talk for their diligent work. He mentioned
that the program might be an effective way to communicate the development
of the new prescription drug card available to those under Medicare.

RECYCLE DRAWING:

Mayor Gardiner announced the recycle winner
for the month of May was Mrs. Iran Piot, who will receive a check for
$250, which represents a year of free refuse service. He encouraged everyone
to recycle.

APPROVAL OF AGENDA:

Councilman Stern moved, seconded by Councilman
Wolowicz, to approve the Agenda as submitted. There being no objection,
Mayor Gardiner so ordered.

PUBLIC COMMENTS:

Kathy Snell, Rancho Palos Verdes, expressed
grave concern over the arrival of the mosquito carrying the West Nile
Virus. She cited statistics divulging 65 positive findings of the virus
in wild birds. She recommended screening in patios and decks, keeping
animals inside. She warned that chickens can carry the virus and should
be secluded from others.

Ms. Snell also cautioned about standing
water and its attraction to the mosquito.

Rod White, Miraleste Hills, Rancho Palos
Verdes, complained about an ongoing construction project adjacent to his
property. He inquired as to the permission of the landowner from the City
to conduct such extensive work. He claimed no knowledge of any geological
testing and expressed concern that the work may compromise the stability
of the land.

Director Rojas suggested meeting with
Mr. White to determine what his specific concerns were in an effort to
address them.

Mayor Gardiner requested to review the
photographs Mr. White had provided for illustration.

Councilman Stern requested a short synopsis
of the meeting between Mr. Rojas and Mr. White once it is concluded.

Mayor pro tem Clark indicated that he
had received an email regarding the issue. He asked whether he could review
the photographs that Mr. White had provided.

Mr. White explained that the photos reflected
the condition of his property currently and a month prior to the excavation
of slopes.

CITY MANAGER REPORT:

City Assistant Manager Carolynn Petru
announced that there would be a Traffic Committee Meeting held on May
24th to discuss the Mira Vista Traffic Calming Plan. She indicated
that an overview of the plan as well as proposed amendments and modifications
to the plan would be reviewed. She directed the public to call the Public
Works Department or to visit the Cityís website for further information.

Mayor Gardiner asked whether there would
be adequate space to accommodate all of the attendees and also sufficient
time for all those who wish to speak.

Director of Public Works Dean Allison
indicated that the meeting would be held at Hesse Park in order to accommodate
the expected larger attendance.

City Assistant Manager Petru advised that,
according to the technician, an adjacent room could be equipped with a
monitor and chairs for the overflow crowd.

Councilman Stern requested minimally an
audio feed to a second room in the absence of obtaining a dual monitor
feed.

Councilman Stern indicated significant
revisions to the minutes before they are approved.

He suggested discussing it after the break.
Councilman Long indicated that he had provided some revisions as well.
Mayor Gardiner suggested deferring approval of the minutes to the next
meeting. Councilman Wolowicz agreed that in the absence of the City Clerk,
it would be advisable. Mayor Gardiner removed approval of the minutes
and deferred it until the next meeting.

Adopted a motion to waive reading in full
of all ordinances presented at this meeting with consent of the waiver
of reading deemed to be given by all Council Members after the reading
of the title.

Claim Against the City by Willdan Corporation.
(303)

Rejected the claim and directed staff
to notify the claimant.

Commercial Refuse and Collection Agreement
with Abel Roll-Off. (1301)

Authorized the Mayor and the City Clerk
to execute a Non-Exclusive Franchise Agreement for Commercial Refuse Collection
and Disposal Services with Abel Roll-Off to be effective through December
31, 2004.

Amendment to the City Managerís Employment
Agreement. (1101)

Approved the Fifth Amendment to the City
Managerís Employment Agreement.

Resol. No. 2004-41: Register of Demands.

ADOPTED RESOL. NO. 2004-41, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN
CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE
PAID.

The motion to approve the amended Consent
Calendar carried as follows:

AYES: Clark, Long, Stern, Wolowicz,
Mayor Gardiner

NOES: None

ABSENT: None

# # # # # # #

Item Nos. 4 and 6 removed from the Consent
Calendar.

Award a Three-Year Professional Services
Agreement for Source Reduction and

Recycling Element (SRRE) and Used Oil
Block Grant Implementation, and Support Services. (1301)

Councilman Wolowicz inquired as to whether
senior staff had seen the written questions he had submitted.

Director of Public Works Dean Allison
confirmed that staff had reviewed those particular questions.

Councilman Wolowicz questioned how much
the City received on the used oil block grant.

Director Allison indicated that approximately
$15,000 per year was received by the City.

Councilman Wolowicz queried whether the
instant proposal was to use those allotted funds for the proposed Service
Agreement. He indicated additional reserve funds totaling $591,000.

Director Allison indicated affirmatively;
that the consultant the City uses is focusing on increasing recycling
and reducing sources. He suggested using part of the block grant fund
and the waste reduction fund to pay for the $3,000 contract.

Councilman Wolowicz questioned how K.J.
Services was selected as they had not submitted a bid.

Director Allison responded that K.J. Services
was selected based upon their qualifications for the contract. He stated
that the contract was for time and materials, so selecting the most qualified
firm was the priority.

Councilman Wolowicz asked about the WRAP
Awards for potential businesses. He inquired whether they were businesses
operating within Rancho Palos Verdes.

Director Allison confirmed that the merchants
reside within the City. He stated that to date no merchants have qualified
to receive the grant, but they are pursuing the funding to help the R.P.V.
merchants.

Councilman Wolowicz further inquired into
the S.C.S. obtaining grants.

Director Allison reported successfully
obtaining a $50,000 grant for food reuse. He stated that the basic premise
is to pick up unwanted food from restaurants and supply it to charitable
organizations. He added that it also diminishes the amount of refuse from
the City.

Director Allison outlined the AB-9 issue
in that it will reduce the amount of construction disposal to the city,
as it is extraordinarily high, by means of a recycling of some materials.

He stated that five years prior green
waste recycling was implemented and as a result today the City enjoys
a 52 percent reduction in green waste.

Councilman Wolowicz suggested posting
the information on the website.

Councilman Wolowicz moved, seconded by
Mayor Gardiner, to accept the recommendation. The motion carried on the
following roll call vote:

AYES: Clark, Long, Stern, Wolowicz,
Mayor Gardiner

NOES: None

ABSENT: None

Commercial Refuse and Collection Agreement
with Abel Roll-Off. (1301)

City Attorney Lynch reminded Mayor Gardiner
that there was an amendment contract to Consent Calendar Item No. 5, which
was previously approved.

Councilman Stern asked whether it included
changes.

City Attorney Lynch described one change
on the term issue.

Councilman Stern explained that the contract
was scheduled to end December 31, but the verbiage was ambiguous. He also
described missing letters on Page 11 of the handout.

City Attorney Lynch stated that that item
was already in the packet.

Ridgecrest Rancho Recreation & Parks
District. (1200)

Councilman Wolowicz expressed concern
that the appointment of Mr. Carter would be in the absence of a resume
or a summary questionnaire.

City Attorney Lynch confirmed that the
task of verifying a personís qualifications to sit on a city committee
is not within the City Councilís purview. She stated that the board is
authorized to make their own appointments. She further clarified by stating
that the only time the Council steps in is when the board fails to make
a timely appointment as required by law.

Mayor pro tem Clark asked whether the
staff report was inaccurate in its statement that the Council confirmed
the appointment.

City Attorney Lynch indicated that in
some respects that is true, but that it was more to acknowledge the fact
that an appointment had been made.

Councilman Stern moved to reject the recommendation
because it does not contain the discretion of the City Council.

City Attorney Lynch suggested changing
the word to "acknowledge" rather than "confirm."

Councilman Stern moved, seconded by Chairman
Wolowicz, for staff approval with the amendment.

Mayor Gardiner so ordered, hearing no
objection.

PUBLIC HEARINGS:

None.

REGULAR NEW BUSINESS:

Authorization for California Water Service
Company to File a Conditional Use Perm

Application for a Mobile Radio Antenna
at City Hall. (605 x 1101)

Councilman Stern inquired as to why the
California Water Service was exempt from the penalty for installing equipment
without a permit.

City Assistant Manager Carolynn Petru
stated there was no specific reason. She indicated that California Water
Service had a representative present to answer questions.

Councilman Wolowicz clarified that the
installation of the antenna was to allow California Water Service to communicate
with their employees rather than for revenue-producing purposes. He asked
whether other entities have installed antennas for similar reasons.

City Assistant Manager Petru responded
that Edison maintains a similar antenna on the monopole at City Hall.
She further stated that the antenna was installed based on a miscommunication
between California Water and City Manager Les Evans.

Councilman Wolowicz inquired into the
purpose for the fees.

Ms. Petru confirmed that the fees the
City is seeking are the application fee and the penalty fees, which include
calculated fees for building inspection and plan check.

Councilman Wolowicz inquired whether the
water pressure problem as mentioned in the staff report had been satisfactorily
resolved.

City Assistant Manager Petru indicated
that the County Fire Department and California Water have met and Fire
Officials have indicated they are satisfied that there is adequate emergency
water. She also stated that California Water has plans to check the valves
that service RPV to address the surging issue.

Councilman Stern recollected that California
Water installed the antenna without permits or any written permission.

City Assistant Manager Petru confirmed.

Mayor Gardiner inquired into past practices
of waiving fees.

City Assistant Manager Petru explained
that there had been requests in the past, but that there was no pattern
or precedent to granting or denying them.

Mayor Gardiner asked if waiving the fee
would affect public funds.

City Attorney Lynch indicated that as
long as it does not cost the taxpayers any more money, that it would not
affect public funds. She indicated that the Council had discretion to
decide to waive the fees.

Mayor Gardiner asked what the fee was.

Ms. Petru stated that the C.U.P application
was $2,400 and that the penalty was the same amount.

Councilman Stern recalled that there were
standards that were applied in consideration of waiving fees, although
he noted that none had been claimed in this circumstance.

Ms. Petru responded that California Water
had not raised the issue of fees. She stated that staff initiated the
discussion as it would be an issue at the time of filing an application.

Mayor Gardiner inquired into the factors
employed to waive fees in the past.

Councilman Stern stated that even though
there had been requests while he has been on the Council, there had been
none granted.

City Assistant Manager Petru cited financial
hardship and staff error as being on the list of factors.

Ross Moilan, California Water Service,
confirmed that the antenna was being used for communication between its
employees. He confirmed that there was miscommunication between a former
employee of Cal Water and the City. He also indicated that a long period
of time elapsed between that conversation and the installation of the
antenna. He stated that California Water was not seeking special treatment
and would be willing to pay the fees.

City Assistant Manager Petru stated that
if they were successful in their C.U.P. application that a lease agreement
would be required with the City.

Councilman Stern asked of staff whether
California Water would be able to use the antenna for personal use or
just for company use.

City Attorney Lynch suggested specifying
conditions within the C.U.P. that the antenna is solely for communication
among the employees within their scope of work.

Mr. Moilan indicated that California Water
would be amenable to such a condition.

Councilman Long asked whether the Federal
Telecommunications Act had any governing effect.

City Attorney Lynch stated that because
it is private property, it is exempt from the actís purpose.

Mayor pro tem Clark moved for staff recommendation
to authorize the City Manager to sign the Conditional Use Permit application
to allow California Water Service Company to seek application for a mobile
radio antenna facility at City Hall.

Councilman Stern moved that California
Water be subject to all after-the-fact permit penalty fees.

Councilman Long seconded the motion, as
amended.

Mayor Gardiner so ordered the motion as
amended, without objection.

Abalone Cove Sewer Maintenance Fee. (1900
x 1204)

Director of Public Works Dean Allison
presented the staff report and the recommendation to (1) Request staff
to prepare an annual report for FY04-05 that includes a City subsidy of
$10,540, and (2) Request staff to modify the FY04-05 budget to include
a General Fund appropriation of $10,540 for the Abalone Cove Sewer Maintenance
District.

Director Allison stated that staffís further
recommendation was to establish fees in accordance with the maximum allowed
and to do a ballot vote next year to stabilize the District budget and
reduce the subsidy to zero.

Councilman Stern asked how it could cost
$10,000 to do a ballot for 160 homes.

Director Allison indicated that the estimate
and report was forwarded by the Engineering Department and that he had
no personal knowledge of its details.

Councilman Wolowicz expressed concern
over the decision whether or not to maintain subsidies for storm drains
and sewers. He asked for clarification of staffís recommendation to have
a yearlong study reduced to two to three months.

Director Allison confirmed and stated
that the City would be locked into the rates until next year.

City Attorney Lynch stated that the information
had to get to the County by August 10, 2004 for it to appear in the tax
roles.

Councilman Wolowicz stated that performing
the study in an abbreviated manner might not be fruitful as the issues
have not yet been defined.

Mayor Gardiner asked how long the system
had been in place.

Director Allison responded three years
and added that for the first year the maintenance was the responsibility
of the contractor and the supplier of the grinder pumps.

Mayor Gardiner inquired what the contract
price was for maintenance the first year. He suggested doing research
into other entities that have the same system to find out what their operating
costs are and if there is a pattern. He also recommended finding out what
the lead-time is to repair and the cost of labor.

Mayor Gardiner indicated the cost of doing
the ballot is significant compared with the yield of knowledge it will
generate.

Director Allison stated that having the
ballot would serve to notify the neighbors to give them assurance that
their costs will not increase.

Mayor Gardiner indicated that there are
various ways to gain confidence in numbers. He inquired as to what would
happen if half of the voters voted no.

Director Allison responded that then the
current budget would have to suffice, perhaps sacrificing some maintenance
in the face of the system malfunctioning.

Mayor Gardiner indicated the importance
of the voters understanding the compromise in maintenance they would make
if they decided not to further fund the project.

Kathy Snell, Rancho Palos Verdes, reminisced
that when sewers had been discussed regarding Abalone Cove that the City
would subsidize certain parts of it. She stated that they were put in
for slide abatement and the stabilization of P.V. Drive South. She reminded
the Council that when the vote was taken that the residents living higher
up on the hill were guaranteed gravity flow. She stated that instead many
pumping devices were installed that pumped the water someplace else.

Ms. Snell encouraged the Council to review
the records of maintenance to establish that the current system has had
more review than any other system in Los Angeles. She indicated that the
fees of $6-700 per year were set aside for maintenance compared to the
$18.00 that is spent.

Mayor Gardiner requested the minutes of
the meeting where the system was originally discussed.

City Attorney Lynch indicated that they
are available. She clarified that the subsidy was established to bring
equality to people that would end up having to pay more. However, that
subsidy was dependent on a yearly approval by the City.

Mayor Gardiner asked whether the City
benefits financially in maintenance as a result of the sewer being installed.

Director Allison confirmed the accuracy
of Ms. Snellís statement that the sewer was installed primarily as a landslide
mitigation device.

Mayor Gardiner asked for specific numbers
to evaluate whether the installation of the sewer has made a difference
in maintenance.

Director Allison stated that the cost
for maintaining the 8/10ths of a mile on P.V. Drive South has increased
since when the road was put in.

Councilman Stern asked when the road was
rebuilt.

Director Allison responded that four years
ago the road was built as a cost of a million dollars.

City Attorney Lynch suggested consulting
GPS data for clarification of which part of the road was rebuilt.

Councilman Wolowicz indicated the need
to evaluate a comparison of benefit between the utility of the road and
the use of the sewer.

City Attorney Lynch stated that the maintenance
sewer fee has not yet been established as the report from the engineer
is not complete. She clarified that it was based on E.D.U. equivalent
dwelling units and an examination of the type of sewer system they had.
She stated that some sewers are completely gravity, some have a combination
of gravity and pump, and some are entirely a pressure pump, the latter
being the most expensive.

City Attorney Lynch described that the
calculation of the fee was based on the type of system and the usage rather
than district assessment. She stated that the fee cannot exceed the cost
of the system; otherwise, it would be a tax.

Mayor Gardiner stated that the City ought
to subsidize the cost if it benefits the City as well as the instant residents.

Councilman Stern asked whether an analysis
could be done to determine whether proportionately it would be feasible
for the City to subsidize.

Councilman Stern remembered that when
the sewer was installed that the subsidization of fees would be temporary
at best.

Assistant City Manager Petru stated that
the minutes from the original discussion were not as detailed as they
are currently and may not reflect the discussion.

City Attorney Lynch stated that the sewer
was built with funds from a settlement relating to a landslide. She indicated
that despite the various options for the use of the funds, the Council
decided to put the money towards the sewer. She stated that since the
sewer was paid for, it was thought at the time that the residents utilizing
the system would bear the responsibility for maintenance.

Mayor pro tem Clark responded to the speaker
indicating that the $18 sewer fee was an aberration; that it falls significantly
below what the actual costs for maintaining the sewer are.

Councilman Stern requested Staff to obtain
detailed data to allow the Council to analyze and get the vote to ballot
next year.

Councilman Wolowicz also requested a report
from Staff.

Mayor Gardiner expressed interest in the
cost to mail out and have returned the ballots.

Councilman Stern moved, seconded by Mayor
pro tem Clark, to accept the recommendation. The motion carried on the
following roll call vote:

Ms. Snell requested that the moratorium
exception ordinance be preserved as West Seaview is still moving, despite
the 20 years of additions onto properties in that area.

She presented pictures depicting cracks
in the roadway. She stated that with the repeal of the ordinance homeowners
still have rights.

She cited the West Nile Virus as very
dangerous and encouraged the Council to leave the ordinance as it is to
allow people to install patio covers and screens as protection from the
virus.

Mayor pro tem Clark moved, seconded by
Council Wolowicz, to accept Staff recommendation. The motion carried on
the following roll call vote:

AYES: Clark, Long, Stern, Wolowicz,
Mayor Gardiner

NOES: None

ABSENT: None

CITY COUNCIL REPORTS:

Councilman Wolowicz reported that former
Superintendent of Schools for Torrance, Dr. Prank, had passed away. He
indicated that Dr. Prank had made a significant contribution to the South
Bay.

Mayor pro tem Clark reported on the League
of California Cities L.A. Division dinner meeting; that the speaker was
the Director of Traffic and Commerce. He stated that Mayor Hahn was launching
a new program called "Watch the Road" which attempts to change
the behavior of travelers for speed-calming purposes. He explained that
the program has been pilot-tested and the City of Los Angeles has spent
significant resources for this program.

Mayor pro tem Clark reported on his attendance
at the Legislative Days in Sacramento where the initial meeting featured
the governor addressing the protection of local revenues. He indicated
that he had sent out a report summary of the covered topics.

Councilman Stern reported participating
in the Open Space Conference Call. He also attended the L.A. Division
League Meeting previously mentioned by Mayor pro tem Clark.

May 12th, chaired the Open Space and Recreation
Task Force meeting where subcommittee reports were addressed.

May 13th, attended the Law Enforcement Commission
Meeting. He encouraged the City to fund the Student Under the Law Program,
approximately $20,000.

May 15th, recorded a session of City Talk

Councilman Long reported meeting with
Congressional representatives in Washington D.C. while on vacation.

May 10th, met with Barbara Boxerís office
regarding the Endangered Species Funds.

Councilman Stern suggested agendizing
Brown Act Issues such as inadvertent use of email.

City Attorney Lynch reported meeting with
various City committees to update their members on procedures when committee
members are turned over or added. She indicated all but the Traffic Committee
and the Open Space Task Force have been informed. She indicated she was
drafting a Council Policy to be in effect in addition to the Brown Act.

Councilman Long requested adding a noise
ordinance to a further agenda.

Mayor pro tem Clark indicated that Bob
Lowe from Lowe Enterprises requested a spot on the agenda for the first
meeting in June for an update on the status of Long Point.

Closed Session Report:

City Attorney Lynch reported continued
negotiations with Cox. She stated that Staff would responded to the letter
from Ocean Trails, as directed by the Council, to address certain procedural
geologic issues that had been raised.